THIS CRL.P. IS FILED UNDER SECTION 438 (FILED U/S. 482 BNSS) CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY RESPONDENT POLICE STATION IN CR.No.391/2025 FOR THE OFFENCE P/U/S 66(D) OF IT ACT 2000 AND SECTION 318(4) AND 319(2) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE 47th ACMM BENGALURU.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Petitioner, who is apprehending arrest in Crime No.391/2025 registered by the Whitefield CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of Information Technology Act, 2000 is before this Court in this Criminal Petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.

2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent-State.

3. FIR in Crime No.391/2025 was registered by the Whitefield CEN Crime Police Station, Bengaluru, for the aforesaid offences alleged against Sowmya based on the first information dated 09.07.2025 submitted by Maruthi H., who is alleged victim in the present case. During the course of investigation of the said case, the Investigating Officer has issued enquiry notice to the petitioner. Apprehending arrest in the case, petitioner had filed Crl.Misc. No.11161/2025 before the jurisdictional Sessions Court, which was rejected on 07.02.2026. Therefore, petitioner is before this Court.

4. Learned counsel for the petitioner submits that the petitioner is a person without criminal antecedents and he is ready and willing to cooperate with the police for the purpose of investigation. In the bank account statement, which is referred to in the enquiry notice, there is absolutely no such transaction which raises any doubt as against the petitioner.

5. Per contra, learned Additional SPP has opposed the petition and submits that investigation of the case is still under progress and accordingly, prays to dismiss the petition.

6. In the first information, which is filed by the victim on 09.07.2025, he has stated that he got acquainted to a lady known as Sowmya through Whatsapp and she had informed him that she was settled in United Kingdom and would be returning to Bengaluru in the month of August-2025. She allegedly asked him to make investment on Bitcoin and accordingly, the first informant had totally deposited a sum of Rs.10,35,000/- to various bank accounts as suggested by her. The particulars of the bank account have been mentioned by the first informant in his complaint submitted before the police.

7. Enquiry notice is issued to the petitioner to verify the bank account statement maintained by him in AU SMALL FINANCE BANK. The particulars of the said bank account has not been mentioned by the first informant in his complaint. Copy of the extracted statement of the petitioner's bank account, which is referred to by the police in their enquiry notice is made available to the Court. Perusal of the same would go to show that there is no such doubtful transaction in his bank account statement for the period from 01.04.2025 to 30.06.2025. The petitioner has undertaken to co-operate with the police for the purpose of investigation. Alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for a period of seven years. Under these circumstances, I am of the view that his prayer for grant of anticipatory bail is to be answered in the affirmative.

8. The petition is allowed. The respondent – Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.391/2025 registered by the Whitefield CEN Crime Police Station, Bengaluru, for the offences punishable under Sections 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of Information Technology Act, 2000, subject to the